MALAYSIAN PALM OIL BOARD ACT 1998

Malaysian Palm Oil Board LAWS OF MALAYSIA REPRINT Act 582 MALAYSIAN PALM OIL BOARD ACT 1998 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 MALAYSIAN PALM OIL BOARD ACT 1998 Date of Royal Assent ... ... ... … … 25 June 1998 Date of publication in the Gazette … … 9 July 1998 PREVIOUS REPRINT First Reprint ... ... ... ... 2002 3 LAWS OF MALAYSIA Act 582 MALAYSIAN PALM OIL BOARD ACT 1998 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II ESTABLISHMENT OF THE BOARD 3. The Board and its objectives 4. Functions of Board 5. Powers of Board 6. Membership of Board 7. Tenure of office 8. Alternate members 9. Temporary exercise of functions of Chairman 10. Revocation and resignation 11. Vacation of office 12. Non-liability of members of Board 13. Public Authorities Protection Act 1948 14. Public servant 15. Power of Minister to give directions 16. Returns, reports, accounts and information 17. Delegation of Board’s functions, powers and duties 18. Board may establish committees 4 Laws of Malaysia ACT 582 P ART III DIRECTOR GENERAL, OFFICERS AND SERVANTS OF THE BOARD Section 19. Appointment of Director General 20. Powers and duties of Director General 21. Appointment of officers and servants 22. Power to grant loans and make advances to officers and servants 23. Delegation of Director General’s duties 24. Disciplinary committees 25. Appeal against decision of disciplinary committee 26. Power to make disciplinary regulations 27. Imposition of surcharge 28. Notification of surcharge 29. Withdrawal of surcharge 30. Recovery of surcharge 31. Composition of Board in special cases PART IV FINANCE 32. The Fund 33. Expenditure to be charged on Fund 34. Conservation of Fund 35. Cess on oil palm product 36. Expenditure and preparation of estimates 37. Statutory Bodies (Accounts and Annual Reports) Act 1980 PART V OTHER POWERS AND FUNCTIONS OF THE BOARD 38. Power to borrow 39. Investment 40. Commercialization of research findings 41. Power to employ agents, etc. 42. Power to grant loans 43. Power to establish corporations Malaysian Palm Oil Board PART VI ENFORCEMENT Section 44. Authorization of officers 45. Power of investigation 46. Power of arrest 47. Search by warrant 48. Search without warrant 49. Power to stop and search conveyances 50. List of things seized 51. Power to enter premises 52. Temporary return of conveyance, etc. 53. Sale and disposal of seized oil palm product 54. Seized oil palm product, etc., liable to forfeiture 55. Property in forfeited oil palm product, etc. 56. Forfeiture or release of seized oil palm product, etc. 57. Claim for seized oil palm product, etc. 58. Release of seized oil palm product, etc. PART VII GENERAL 59. Regulation of oil palm industry 60. Appointment of analysts 61. Proportional examination or testing of seized oil palm product 62. Cost of holding seized oil palm product, etc. 63. No costs or damages arising from seizure to be recoverable 64. Additional powers 65. Offence to assault or obstruct authorized officer 66. Duty to maintain secrecy 67. False information 68. Offence by body corporate 69. General penalty 70. Abetments and attempts punishable as offences 5 6 Laws of Malaysia ACT 582 Section 71. Compounding of offences 72. Institution and conduct of prosecution 73. Jurisdiction to try offences 74. Protection of officers 75. Rewards 76. Protection of informers 77. Power to exempt 78. Regulations 79. Validation of acts done in anticipation of Act PART VIII REPEAL, SAVINGS AND TRANSITIONAL 80. Repeal and dissolution 81. Transfer of powers, etc. 82. Transfer of property 83. Existing contracts 84. Transfer of moneys in funds 85. Membership of dissolved Authority and dissolved Board 86. Continuance of officers and servants 87. Savings for licences and registers 88. Continuance of pending applications, etc. 89. Continuance of civil and criminal proceedings 90. Reference in law or document to dissolved Authority, dissolved Board and dissolved Institute 91. Continuance of use of name 92. Prevention of anomalies FIRST S CHEDULE SECOND SCHEDULE Malaysian Palm Oil Board 7 LAWS OF MALAYSIA Act 582 MALAYSIAN PALM OIL BOARD ACT 1998 An Act to repeal the Palm Oil Registration and Licensing Authority (Incorporation) Act 1976 and the Palm Oil Research and Development Act 1979; to dissolve the Palm Oil Registration and Licensing Authority, the Palm Oil Research and Development Board and the Palm Oil Research Institute of Malaysia; to establish the Malaysian Palm Oil Board and to provide for matters connected therewith and to make better provision in respect of the oil palm industry of Malaysia. [1 May 2000, P.U. (B) 129/2000] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Palm Oil Board Act 1998. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “analyst” means an analyst appointed under section 60; 8 Laws of Malaysia ACT 582 “appointed day” means the day on which this Act, or if different dates are appointed for the coming into force of different provisions of this Act, the day on which Part VIII comes into force; “authorized officer” means— (a) an officer of the Board authorized under section 44; (b) a police officer not below the rank of Inspector; or (c) an officer of customs; “Board” means the Malaysian Palm Oil Board established under section 3; “cess” means the cess imposed under section 35; “Chairman” means the Chairman of the Board appointed under section 6; “conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land; “Director General” means the Director General of the Board appointed under section 19; “Fund” means the Malaysian Palm Oil Board Fund established under section 32; “member” means a member of the Board and includes an alternate member; “oil palm” means the species of palm of the genus Elaeis or any oil bearing genus of palm and includes hybrids of these species, hybrids resulting from crossing these species or hybrids with any other species or hybrids of plants, and genetically engineered versions of these species or hybrids; “oil palm fruit” means the unprocessed fruit of the oil palm, whether in bunches or in loose form; “oil palm industry” means any industry involved in the planting of oil palm, the production of oil palm products, and services related thereto; Malaysian Palm Oil Board 9 “oil palm planting material” means oil palm seeds, oil palm seedlings and plants from oil palm tissues; “oil palm product” means any product obtained directly from the oil palm or wholly or partly manufactured or derived from such product and includes palm oil, palm kernel, palm kernel cake, oil palm shell, palm fatty acids, oil palm planting material, oil palm fruit, oil palm fibre, oil palm empty fruit bunches, oil palm fronds, oil palm trunks, oil palm roots, oil palm based fibreboards, oil palm based pulp and paper and oil palm based chemicals; “palm oil” means oil, whether in crude or processed form,originating or extracted from the pericarp of the oil palm fruit, and includes oil, whether in crude or processed form originating or extracted from the kernel of the oil palm fruit; “research finding” means any results from research and development activities and includes inventions and improvements in any process, apparatus, machine or technique; “sea” includes inland waters; “this Act” includes any subsidiary legislation made under this Act. PART II ESTABLISHMENT OF THE BOARD The Board and its objectives 3. (1) There is established a body corporate by the name of “Malaysian Palm Oil Board” with perpetual succession and a common seal, which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Board upon such terms as it deems fit. 10 Laws of Malaysia ACT 582 (2) The objectives of the Board are— (a) to promote and develop the oil palm industry of Malaysia; and (b) to develop national objectives, policies and priorities for the orderly development and administration of the oil palm industry of Malaysia. (3) The provisions of the First Schedule shall apply to the Board. Functions of Board 4. The functions of the Board shall be— (a) to implement policies and developmental programmes to ensure the viability of the oil palm industry of Malaysia; (b) to conduct and promote research and development activities relating to the planting, production, harvesting, extraction, processing, storage, transportation, use, consumption and marketing of oil palm and oil palm products; (c) to plan, coordinate, implement and monitor all research and development activities on oil palm and oil palm products; (d) to regulate, register, coordinate and promote all activities relating to the planting, supply, sale, purchase, distribution, movement, storage, surveying, testing, inspecting, brokering, export and import of oil palm products, and the milling of oil palm fruit; (e) to develop and commercialize research findings for the benefit of the oil palm industry and to promote the use of the research findings commercially; (f) to provide technical, advisory and consultancy services to the oil palm industry; (g) to promote the efficient marketing and handling of oil palm products; (h) to develop and maintain markets for oil palm products; (i) to promote, control and monitor measures towards attaining a high quality for oil palm products; Malaysian Palm Oil Board 11 (j) to plan and implement training programmes and human resource development in line with the needs of the oil palm industry; (k) to liaise and coordinate with other bodies within or outside Malaysia to further enhance the oil palm industry of Malaysia; (l) to conduct research and development on oil seeds and other oils and fats other than palm oil where such research and development are for the enhancement of the oil palm industry; (m) to gather information and maintain records of all relevant matters relating to the oil palm industry; (n) to be the resource and information centre of the oil palm industry; (o) to publish or sponsor the publication of journals, periodicals, booklets and other publications and to collect, collate and disseminate information relating to oil palm, oil palm products and other vegetable and animal oils and fats; (p) to conduct research and development in any other area where the results of the research and development are intended to benefit the oil palm industry; and (q) to do such other things as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions. Powers of Board 5. The Board shall have power— (a) to undertake and coordinate activities relating to research and development into the planting, production, harvesting, extraction, processing, storage, transportation, use, consumption and market